This act divides controlled drugs into three classes A, B and C ostensibly, on the basis of perceived harm. Class A drugs are perceived as the most harmful and are therefore linked to the most punitive penalties. Class C drugs are perceived as being the least harmful and are therefore linked to the least severe penalties. A full list of Illegal substances and the sentences they carry can be found here.

Information on amendment orders

In recent years many new drugs have been added and continue to be added to the Misuse of Drugs Act 1971 in the form of amendment orders. Drugs that were so called ‘legal highs’ (i.e. which were abused recreationally, but could legally be bought and used in the UK) can be quickly added to the Act by means of the Home Secretary invoking a temporary class drug order. This order comes into effect immediately after parliament has agreed it and lasts for up to 12 months.

However, this ability to amend effectively obviates the need for having to prove a particular drug is harmful. In theory if a drug is added temporarily and is later proved not to be harmful it could be removed from control, although in practice this is unlikely to happen.

Drug possession charges - Example defence issues

It is therefore possible that someone could have purchased drugs when they were not controlled. But then subsequently have them seized by police after they have become controlled and would therefore be charged under the Misuse of Drugs Act.

Because there are many variants of drugs, they are controlled on mass, based on their chemical structure, rather than by naming them specifically. This can make ascertaining whether certain new drugs are controlled or not quite difficult unless, one is a forensic drugs expert with the ability to undertake independent drugs comparisons and purity analysis.

General sales list medicines (GSL)

These require no prescription and may be sold in a wide range of shops. They would include things like low strength paracetamol tablets, cold medicines, vitamins and herbal remedies.

Pharmacy medicines (P)

These may only be sold in pharmacies and a pharmacist must make or supervise the sale. They would include things like nasal decongestants and antihistamines. In addition, some pharmacy medicines may only be sold if the pharmacist is satisfied that the person buying the medicine meets certain medical criteria.

Prescription only medicines (POM)

These medicines may only be obtained from a pharmacist upon presentation of a prescription from a GP, dentist or other registered healthcare professional. It may be possible to obtain some prescription medicines for personal use via the internet from overseas, but anybody who is not a registered healthcare professional who then seeks to sell them onto others, will be contravening the Medicines Act 1968 and can be prosecuted on that basis.

Some Prescription only medicines (POM) are also controlled under the Misuse of Drugs Act (MDA) 1971 (as amended). This means that it is a criminal offence to possess them without a valid personal prescription and it is a criminal offence to sell them to others. These would include preparations like Valium, which contains the drug diazepam, which is a Class C controlled drug under MDA 1971 (as amended).

How can our drugs expert help?

Our drug experts have an extensive understanding of the Misuse of Drugs Act 1971 and regularly update their knowledge as to which drugs have been added to the the Act and when. As such they can provide expert evidence on all related issues. As an example, they can provide expert witness testimony to confirm whether a drug could have been bought legitimately and was then subsequently controlled.

Our drug experts are also suitably qualified to be able to determine whether or not a drug is actually controlled by means of its chemical structure. If required we also have the capability to conduct drug testing and analysis in order to independently determine its chemical composition, purity and thus its correct classification.

Our drug experts are also fully conversant with the Medicines Act 1968 and can provide expert opinion on whether certain drugs or chemicals can be legitimately sold by non-registered individuals.